Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week.
Congressional and Administrative News
Senate Confirms Labor Department Nominees
The Senate voted Monday to confirm Lori Chavez-DeRemer as the secretary of labor by a vote of 67-32. Chavez-DeRemer, a former mayor and one-term Republican U.S. House member who supported pro-union legislation, received bipartisan support with 17 Democrats voting yes. Republican Senators Rand Paul (KY), Mitch McConnell (KY) and Ted Budd (NC) were the only Republicans to vote no.
On Wednesday, the Senate voted along party lines to confirm Keith Sonderling as the deputy labor secretary. Sonderling previously served as a commissioner at the Equal Employment Opportunity Commission (EEOC) and led the Department of Labor’s Wage and Hour Division during the first Trump administration. For further insights about Sonderling’s qualifications, read here.
Several Labor Department nominations are pending, including: David Keeling, a former UPS and Amazon safety executive, to lead the OSHA; Henry Mack III, former Florida State Education Chancellor, to lead the Employment and Training Administration (ETA); Daniel Aronowitz, president of Encore Fiduciary, to lead the Employee Benefits Security Administration (EBSA); and Wayne Palmer, a Department of Labor senior advisor, to lead the Mine Safety and Health Administration. A nominee for the Wage and Hour Division has not been announced as of this date.
Former EEOC Chair Janet Dhillon Nominated to Lead PBGC
Janet Dhillon was recently nominated to serve as the director of the Pension Benefit Guarantee Corporation (PBGC), which protects the retirement incomes of American workers in private sector-defined benefit pension plans. Dhillon previously served as the chair of the EEOC during the first Trump administration. Her nomination is pending consideration by the Senate Health, Education, Labor and Pensions Committee and the Senate Finance Committee.
Federal District Court Reverses Removal of NLRB Member Gwynne Wilcox
As reported last week, a federal district court held that Gwynne Wilcox, a member of the National Labor Relations Board, was “illegally” fired from her job. The court ordered the Board’s current chair to restore her access to the Board and let her serve out the remainder of her term. The administration promptly notified the district court of its intention to appeal the decision and to seek an immediate stay from a federal appeals court. But in the meantime, Member Wilcox’s return will give the Board three active members. That means it appears to have a statutory quorum and can resume operating as normal. For further Littler analysis, read here.
Executive Order Tracker
Littler's Executive Order Tracker is your go-to resource for staying updated on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing summaries to help you understand the changes and the implications to your business. Only those orders that impact compliance with labor and employment directives are identified with a topic. In the first 100 days, the Trump administration is also rescinding executive orders issued by previous administrations and those are available here.
Weekly Labor and Employment News
Will California Pay Data Reports Get a New Look in 2026?
As employers deal with all the changes at the federal level, they should also be mindful of potential changes at the state level, specifically in California. As we see companies evaluating the type of data, they are collecting from their employees in light of the many executive orders issued by the new administration, we wanted to provide an update on a new bill that has been introduced in California that could result in changes to the California Pay Data filing report in 2026. Senator Smallwood-Cuevas (D, 28th Dist.) introduced Senate Bill 464 this legislative session, which would expand the filing requirements for the annual reports filed with the Civil Rights Department (CRD). If enacted, key changes for the 2026 reporting cycle include these.
Considerations for Artificial Intelligence Policies in the Workplace
In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism or use of AI tools that produce inaccurate or misleading information. Meanwhile, many courts and state bars across the country have introduced AI usage policies to ensure that AI is properly used in the practice of law, including policies requiring attorneys to certify that generative AI did not draft any portion of a filing. Employers should consider similar measures, as the widespread use of generative AI programs such as ChatGPT and its newer iterations increases the risks associated with the use of AI. Indeed, because AI will continue to have an increasingly significant role throughout the workplace and at all stages of the employment lifecycle, organizations should strongly consider implementing policies to ensure that AI is used properly in the workplace.
ICE Enforcement Actions Taken in Trump 2.0’s First Two Months
With so much going on in the first two months of Trump’s second term (Trump 2.0), this is a good time to review what has and has not happened in the world of worksite enforcement – ICE I-9 audits, ICE raids and administrative warrants. Here are the specifics.
Time Matters: Understanding Los Angeles County’s New Fair Workweek Law
Los Angeles County, California, recently joined the cities of Los Angeles, Berkeley, San Francisco, San Jose and Emeryville, California; New York City; Philadelphia; Chicago; Seattle; and Oregon as jurisdictions that have enacted “fair workweek” legislation, also referred to as predictive scheduling.
Similar to the City of Los Angeles’s Fair Work Week Ordinance, the county’s ordinance will apply only to retail businesses that have at least 300 employees worldwide (including franchises and including those employed through temporary staffing agencies). Employees of such businesses who qualify for minimum wage and perform at least two hours of work in a workweek in the unincorporated area of Los Angeles County will be covered by the ordinance, which contains a host of scheduling and recordkeeping requirements. It is scheduled to go into effect on July 1, 2025.
Arkansas Bans Physician Non-Compete Agreements
On March 4, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 139, now Act 232 (the “Act”), which amends the state’s non-compete statute to provide that non-compete covenants “restrict the right of a physician to practice within the physician’s scope of practice” are void. The term “physician” includes any person authorized or licensed to practice medicine under the Arkansas Medical Practice Act and any person licensed to practice osteopathy under Arkansas law. The Act will take effect 90 days after adjournment of the current legislative session, likely resulting in a mid-July 2025 effective date.
Upcoming Littler Events
March 18
Virtual Hospitality Roundtable
Webinar – Littler presents a highly engaging, practical roundtable series geared toward the hospitality industry. These roundtables are interactive forums designed for you and your industry colleagues to share how your businesses are handling certain legal challenges. Participants will be asked to collaborate and explore practical and out-of-the-box approaches to address complicated compliance issues. In addition, participants will explore challenges they have faced, sharing ideas and strategies that have proven successful.
Topics to be discussed at this roundtable may include:
- What to expect from the Trump Administration
- Immigration concerns
- How to react to employees who want to wear clothing that makes a political statement
- Labor update and increased organizing activities
- Predictive scheduling/fair workweek laws
- Staying up to date with legal changes to release agreements and arbitration agreements
- New pay transparency laws
- Managing overtime
- Compliance challenges related to food delivery
Time:
9:30 - 10:30 a.m. PT
10:30 - 11:30 a.m. MT
11:30 a.m. - 12:30 p.m. CT
12:30 - 1:30 p.m. ET
March 19
Webinar – Littler's experienced business restructuring practitioners discuss the legal ramifications arising from Department of Government Efficiency (DOGE)'s cuts to company programs and compliance strategies.
Topics addressed will include:
- Furloughs and layoffs
- Worker Adjustment and Retraining Notification (WARN) compliance
- 50-state release requirements
- OWBPA compliance
- Adverse impact analyses
- DOGE-driven workforce reductions outside of the United States
Time:
9:00 - 10:30 a.m. PT
10:00 - 11:30 a.m. MT
11:00 a.m. - 12:30 p.m. CT
12:00 - 1:30 p.m. ET
March 20
Minnesota’s New Paid Family Medical Leave Law
Live Event – Please join Littler's Minneapolis office for a complimentary Breakfast Briefing addressing Minnesota’s new Paid Family Medical Leave Law (PFML). Our attorneys will provide critical insights into Minnesota’s PFML and discuss recent developments as employers prepare for its January 1, 2026, implementation date.
Topics to be covered include:
- Learn about paid family and medical leave
- Who is a covered employer and employee?
- For what reasons may an employee use leave?
- What key steps do employers need to take?
- Notifying employees
- State reporting
- Find out whether earnings statements will be affected
- Determine who is required to pay premiums, and how and when these premiums will be paid
- What protections do employees have?
- What protections do employees have?
- How much pay will employees receive?
- What if an employer wants to use a private plan?
- Learn about equivalent plans through self-insurance or insured products
- What about our union employees?
- Learn about collective bargaining obligations to comply with PFML
Lastly, our team will also dive into the latest on DOLI’s rules to build out the PFML program.
Breakfast & Registration: 8:00 - 8:30 a.m.
Program: 8:30 - 10:00 a.m.
***Registration for this event is closed as we have reached maximum capacity. To be placed on a waitlist please contact johlin@littler.com**
